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A judge disclosed for the first time that the artist known for his Barack Obama "HOPE'' image is under criminal investigation. A grand jury began an investigation after Shepard Fairey said he erred about which Associated Press photo he used as the basis for "HOPE'' and had submitted false images and deleted other images to conceal his mistake.

A judge revealed in a hearing that a criminal investigation was pending against the artist Shepard Fairey in connection with his use of an Associated Press photograph of Barack Obama, a lawyer involved in the case said